NIEDERMEYER v. LATIMER

TC 83-6-385; CA A45489; SC S35302.

769 P.2d 771 (1989)

307 Or. 473

Beverly J. NIEDERMEYER, Petitioner On Review, v. Clifford G. LATIMER and Justina Latimer, Husband and Wife, Respondents On Review.

Supreme Court of Oregon.

Decided March 7, 1989.


Attorney(s) appearing for the Case

Christopher James of Christopher James, P.C., Portland, argued the cause for petitioner on review. With him on the petition was Richard A. Weill, Portland.

Deanne L. Darling of Hutchison, Hammond, Walsh, Herndon & Darling, P.C., West Linn, argued the cause for respondents on review. With her on the response brief was Michael D. Walsh, West Linn.

Before PETERSON, C.J., and LINDE, CAMPBELL, CARSON, JONES and GILLETTE, JJ.


LINDE, Justice.

The question before us is whether a party is entitled to contractual attorney fees, made reciprocal by statute, if the party successfully defends against an action for breach and also wins rescission of the contract. The Court of Appeals decided that a party in such a situation could not recover attorney fees, and we affirm that decision.

In the present case, plaintiff initiated the litigation by suing to rescind a contract to purchase defendant...

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